What is Non-Solicitation & What is a Non-Solicitation Agreement?

Florida employment agreements and Florida non-compete agreements frequently contain non-solicitation clauses. These agreements or clauses prohibit an employee from soliciting the employer’s clients and/or employees while they are employees and for a period of time after there employment.

The Texas Non-Compete Law Blog references a Massachusetts case that illustrates the difficulty in making the determination of whether an act or communication constitutes solicitation. They have very in depth article on this case. Here is a short summary of the case they review. The following provision was at issue:

Non solicitation Covenant. For a twelve (12) year period commencing on the date hereof, Seller shall not, directly or indirectly, (a) employ or contact any person who is employed or engaged by the Company or in any manner seek to induce any such person to leave his or her employment or engagement with the Company.

The issue in the case came down to whether social interaction with potential clients was a violation of the agreement.

The court found that social interaction could be a violation when there was an attempt to solicit clients for business, but that social interaction in itself was not restricted. The company could have prohibited all interaction but their agreement did not.

If you have a question about the validity or enforceability of a non-solicitation agreement under Florida Law, contact a Jacksonville Non-Solicitation Lawyer for a review of your facts and circumstances.

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